G/SPS/N/THA/312  
 
14 May 2020 
(20-3605) Page: 1/4 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
NOTIFICATION  
1. Notifying Member:  THAILAND  
If applicable, name of local government involved:   
2. Agency responsible:  Food and Drug Administration (Thai FDA)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Fish oils  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Draft Ministry of Public Health Notification, No. … B.E. 
… (....) Issued by virtue of the Food Act B.E. 2522 entitled "Fish oils" . Language(s):  Thai. 
Number of pages:  6 
https://members.wto.org/crnattachments/2020/SPS/THA/20_3178_00_x.pdf  
6. Description of content:  The Ministry of Public Health (MOPH) considered that 
requirement s of safety and quality for fish oils have been issued to comply with codex 
standard regarding fish oil leading to protect consumer health as well as to facilitate trade 
as follows:  
− Clause 1 - Fish oils are prescribed food to have qualities or standards an d definition 
is defined to comply with codex standard for fish oils as follows;  
"Fish oils are composed of glycerides of fatty acids including fatty acids in ethyl esters 
form obtained from fish or shellfish that are commonly used as food. Fish oils may 
contain other lipids and unsaponifiable constituents naturally present. Fish oils in 
dried form are also included in this notification. Fish and shellfish are defined based 
on Section 2 of the Code of Practice for Fish and Fishery Products (CAC/RCP 52 -2003) 
as follows:  
Fish means any of the cold -blooded (ectothermic) aquatic vertebrates. Amphibians 
and aquatic reptiles are not included;  
Shellfish means those species of aquatic molluscs and crustaceans that are 
commonly used as food.  
− Clause 2 - Fish oils are classified in 5 categories as follows:  
1) Named fish oil that derived from specific species of fish or shellfish;  
2) Unnamed fish oil that derived from mixed fish oil from more than one type or 
mixture of fish oil and fish liver oil;  
3) Fish liver oil that deri ved from the livers of fish and are composed of fatty acids, 
vitamins or other components that are representative of the livers from the 
species from which the oil is extracted;  
4) Concentrated fish oils that derived from fish oil classified in 1) or 2) or 3)  which 
have been subjected to processes in order to increase the concentration of 
specific fatty acids; and  
5) Concentrated fish oils ethyl esters that derived from fish oil classified in 1) or 2) 
or 3) and are primarily composed of fatty acids ethyl esters f orm. G/SPS/N/THA/312  
 
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  − Clause 3 - The production processes of fish oil shall be refined process intended for 
direct human consumption that includes, but are not limited to, extraction of crude 
oil from raw material and refining of that crude oil by heating at high temperatu res 
as well as alkali/ acid treatments, removing free fatty acids and may be treated for 
decolourization or deodorization. The refined fish oil process typically includes several 
steps such as hydrolysis, winterization, fractionation, full hydrogenation, r e-
esterification, or inter -esterification.  
− Clause 4 - Fish oils shall be complied with the following qualities or standards;  
1) For fish oils in liquid form  
• Colour, odour and flavour inherent of that specific characteristics of fish oils and 
free from foreign matter and rancid odour;  
• Fatty acid composition of some fish oils shall be complied with requirements 
specified in Annex 1 of this notification as well as essential composition for some 
fish oils shall be complied with specification in Annex 2 of this noti fication;  
• Acid value shall not be more than 3 mg of potassium hydroxide per 1 gm of fish 
oil, except for the acid value of fish oils with a high phospholipid concentration 
of 30% or more shall not exceed 45 mg of potassium hydroxide per 1 g of such 
fish oi l; 
• Peroxide value shall not be more than 5 mg equivalent per 1 kg of fish oil;  
• Anisidine value shall not be more than 20 only for fish oils with phospholipid  
concentration lower than 30 % by weight.  
• Total oxidation value (ToTox ) shall not be more than 26 only for fish oils with 
less phospholipid concentration lower than 30% by weight.  
• Fish liver oils, except of deep-sea shark liver oil, shall comply with following:  
a) Vitamin A shall not be less than 40 μg of retinol equivalents/mL  of oil; and  
b) Vitamin D shall not be less than 1.0 μg/mL of oil  
2) For fish oils in dried form  
• Moisture content shall not be more than 5 % by weight.  
• Fish oil used as raw material shall comply with requirements for particular fish 
oils in liquid form mentioned in Clause 4.  
• In case of other ingredients are contained, their qualities and standards shall be 
complied with relevant requirements  approved  by Thai FDA.  
− Clause 5 - Usage of food additives and containers for fish and oil shall be complied 
with th e Notification of MOPH regarding Food additives and Standard of Containers, 
respectively.  
− Clause 6 - Contaminants, pathogens shall not exceed the maximum limits as 
specified in the Notification of MOPH regarding Standard of Foods contained 
contaminants and  Standards of Pathogenic Microorganisms in Food, respectively.  
− Clause 7 - Producers or importers of fish oils for sales shall follow the notification of 
MOPH regarding Production processes, production equipment and foods storages.  
− Clause 8 - Labeling of fi sh oils shall follow the Notification of Ministry of Public Health 
regarding labeling of prepackaged foods. In addition, the following information shall 
be expressed on its label as the case may be.  
1) Name of fish used as raw material shall display with name of food, for fish oils 
in classification of named fished oils and Cod liver oils;  
2) Source of fish used as raw material for salmon fish oils;  
3) Content of vitamin A and vitamin D for liver fish oils;  
4) Content of EPA and DHA for Anchovy oil, Concentrated fi sh oils, and 
Concentrated fish oils ethyl esters;  
5) Types of fish oil used as ingredients in descending orders shall be displayed with 
name of food for unnamed fish oils, liver fish oils, and fish oils in dried form.  
− Clause 9 - Whenever food products contain ed fish oils under this notification shall 
comply with relevant notifications of MOPH for such food products (For example, food 
supplement consisted of fish oil, the food supplement shall comply with requirements 
for safety, qualities, labeling or warning statement as specified in the notification of 
MOPH regarding Food supplements).  G/SPS/N/THA/312  
 
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  − Clause 10 - Producers or importers of fish oils for sales, whose permission issued 
prior to this notification, shall follows:  
1) Existing fish oils can be sold in the market not e xceed 2 years after this 
notification comes into force;  
2) Existing fish oils shall be complied with this notification within 2 years after this 
notification comes into force.  
− Clause 11 - This notification shall come into force as from the day following date of 
its publication in the Government Gazette.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) : CODEX STAN 329 -2017 
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial o r Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[X] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
1) The notification of the Ministry of Public Health regarding Food additives;  
2) The notification of the Ministry of Public Health regarding Containers;  
3) The notification of the Ministry of Public Health regarding Standard of Foods 
contained contaminants and foods storages;  
4) The notification of the Ministry of Public Health regarding Standards for Pathogenic 
Microorganisms in Food;  
5) The notification of the Ministry of Public Health regarding Production processes, 
production equipment and foods storages;  
6) The notification of the Ministry of Public Health regarding Labeling of Prepackaged 
Foods, etc.   
10. Proposed date of adoption (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  
11. Proposed date of entry into force:  [ ] Six months from date of publication , 
and/or  (dd/mm/yy) : On the date after being notified in the Official Gazette.  
[ ] Trade facilitating measure   G/SPS/N/THA/312  
 
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  12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 13 July 2020  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address 
(if avail able) of other body:   
National Bureau of Agricultural Commodity and Food Standards (ACFS)  
50 Phaholyothin Road, Ladyao  
Chatuchak, Bangkok 10900  
Thailand  
Tel: +(662) 561 4204  
Fax: +(662) 561 4034  
E-mail: spsthailand@gmail.com   
Websites: http://www.acfs.go.th  
 http://www.spsthailand.net/  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
E-mail: spsthailand@gmail.com  
Websites: http://www.acfs.go.th  
 http://www.spsthailand.net/